time than one year, and so as ten days notice, in writing, be hung up in the Guildhall aforesaid for the said city and suburbs, and in the sessions-hall aforesaid for the said liberty, for all persons willing to contract for the same to make their proposals: And for the raising money to pay such scavenger or scavengers, watchman or watchmen, one or more rate or assessment, rates or assessments, shall and may be made and confirmned by such persons, and upon all such tenements and persons, and in such manner, and with such notice first given of the making thereof, as is and are herein before directed to be made for lighting the streets, lanes, and public ways of the said city, suburbs, and liberty; and such rate or rates, assessment or assessments, so made and confirmed, shall and may be collected, levied, and recovered by the same collectors, in the same manner, by the like ways and means, and with the same powers and provisions for making up deficiencies, and in all other respects as such other rates or assessments are herein before directed to be levied and recovered: And such surveyors and collectors, and all other persons, who shall or may receive any money, by virtue of any such rate or assessment, for a scavenger or scavengers, watchman or watchmen, as aforesaid, shall account for the same in like manner, and under the like penalties and forfeitures, respectively, as are herein before enacted and directed concerning such other rates and assessments as aforesaid; and the respective justices, having power to compel such surveyors, collectors, and other persons to account for the money by them received on account of such rate or assessment, for providing, maintaining, and lighting such lamps, shall have the same powers, in all respects, of compelling such surveyors, collectors, and other persons, to account for the money by them received or had, in case of any such rate or assessment being so made for a scavenger or scavengers, watchman or watchmen, as aforesaid; and also to pay and deliver up such money, and all vouchers, books, and papers relating thereto, according to the order of such justices; and that such scavenger or scavengers, watchman or watchmen, shall and may be discharged by such surveyors as aforesaid, for misbehaviour or neglect of duty, which discharge shall be a determination of such contract: And all differences which may arise concerning such contract, or concerning any money pretended to be due thereupon, shall be heard and determined by two justices of the peace in the same manner, and with the same liberty of appeal, as the like differences concerning contracts relating to such lamps may be heard and determined, as herein before mentioned; and in case of no appeal, or of a confirmation of such sentence at the next quarter-sessions, such sentence shall be final and conclusive to all intents. Distress not to be deemed unlawful for defect of form. And be it further enacted by the authority aforesaid, That where any distress shall be made for any sum or sums of money due on account of any assessment to be made by virtue of this act, the distress itself shall not be deemed to be unlawful, on account of any defect or want of form in such assessment, or in the warrant of distress thereupon; nor shall the party or parties distraining be deemed a trespasser or trespassers, ab initio, on account of any irregularity committed or suffered after such distress; but the party or parties aggrieved thereby shall and may recover only a satisfaction for the special damage he, she, or they shall have sustained thereby, with full costs of suit: Provided nevertheless, That no plaintiff or plaintiffs shall recover in any action, for any such irregularity as aforesaid, if tender of sufficient amends hath been made, by the party or parties distraining, before such action brought. Power of ma king Orders for removing Annoyances. And be it hereby further enacted, That any two or more justices of the peace (one being of the quorum) for the said city of York and county of the same, or for the said liberty of St. Peter, respectively, shall and may, and they are hereby authorized and impowered, upon view or information, from time to time, to make orders for removing any annoyances and obstructions out of any highways, streets, lanes, and passages within the said city and suburbs, or the said liberty, respectively, which cannot be effectually removed by the provisions and clauses herein before contained. Provided always, That no person shall be liable to be doubly prosecuted upon this and any former law; No person liable to a double prosecution. but that any person, who shall be convicted by virtue of any former law or statute, for any of the offences aforesaid, shall not also be subject to any prosecution, penalty, or forfeiture, by virtue of this act, for the same offence; and that any person who shall be convicted of any offence by virtue of this act, shall not also be subject to any prosecution for the same offence by virtue of any former law, any thing herein contained to the contrary notwithstanding. Preservation Provided also, That nothing in this act contained shall extend, or be construed to extend, to alter, pre- of Rights. judice, impeach, or lessen the legal rights, powers, and privileges of the mayor and commonalty of the said city of York, or of the justices of the peace for the said city of York and county of the same, or of the justices of the peace for the said liberty, respectively, nor to impower the justices for the said city and county of the same, to exercise any act of jurisdiction within the said liberty, nor to impower the justices for the said liberty to exercise any act of jurisdiction within the said city, or the county of the same, any thing herein contained to the contrary notwithstanding. One Month's Notice in writing, to be given before any Action be commenced, &c. And be it further enacted, That no action or suit shall be cominenced against any person or persons whatsoever, for any matter or thing by him or them done in pursuance of this act, until notice, in writing, of such intended action or suit shall have been de livered to him or them, or left at his or their usual place of abode, by the party intending to commence such action or suit, or his or her attorney or agent, one month at least before such action or suit shall he commenced, in which notice shall be clearly and explicitly contained the cause of action which such plaintiff hath, or claimeth to have, against such person or persons, and on the back of which notice shall be indorsed the name of such plaintiff, his attorney or agent ; and that no such plaintiff shall recover any verdict, in any such case, where the action shall be grounded on any act or acts done in pursuance, or under colour, of this act, unless it be proved, upon the trial to be had thereupon, that such notice was given as aforesaid; but in default thereof, such defendant or defendants shall recover a verdict, together with his, her, or their full costs of suit. Amends may he tendered before Actions brought, &c. And be it hereby further enacted, That it shall and may be lawful to and for any such defendant or defendants, within one month next after such notice given as aforesaid, to tender amends to the party complaining, or to his or her agent or attorney, and, in case the same is not accepted, to plead such tender in bar to any action to be brought against him or her, together with the plea of not guilty, and any other plea with leave of the court where such action shall depend; and if, upon issue joined thereon, the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant or defendants and in such case, or in case the plaintiff shall become non-suited, or shall discontinue his or her action, or, in case judgment shall be given for such defendant or defendants upon demurrer, such defendant or defendants shall be intitled to the like costs as he or they would have been intitled to, in case he or they had pleaded the general issue only; and if, upon issue joined, the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant or defendants on such other plea or pleas, then they shall give a verdict for the plaintiff, and such damages as they shall think proper, which he shall recover together with his or their bosts of suit. And be it further enacted, That no evidence shall be permitted to be given by the plaintiff on the trial of any such action as aforesaid of any cause of action, except such as is contained in the notice hereby directed to be given. No Evidence on Trial of any other Cause of Action than mentioned in such Notice. Limitation of Actions. General Issue. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced against any person or persons, for any thing done in pursuance of this act, then, and in every such case, such action or suit shall be brought within three calendar months next after the cause of action shall arise, and not afterwards, and shall be laid and brought in the city of York, or in the county of York, or in the court of pleas for the said liberty, if the cause of action shall arise in the said liberty, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence at the trial to be had thereupon; and if it shall appear to be done in pursuance of this act, or that such action or suit shall be brought after the time herein before limited in that behalf, or in any other county or place than as aforesaid, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be non-suited, or discontinue his, her, or their action or actions, suit or suits, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover double costs, and have such remedy for the same as any defendant or defendants hath or have in any case by law. Double Costs. And be it further enacted by the authority afore- Public Act. said, That this act shall be deemed, adjudged, and taken in all courts of justice, to be a public act, and shall be judicially taken notice of as such by all judges and justices without specially pleading the same. E e (À A) A SCHEDULE, showing the Number of LAMPS to be fixed up and lighted in each parish and place within the City of York, the Suburbs thereof, and the Liberty of St. Peter within the said City, with the Distances at which the same are to be fixed in the principal Streets and Places. PARISHES. TRINITY, in Micklegate. Without Micklegate-Bar and Micklegate, both sides of the street 16. |